19900211 Ver 1_Complete File_20010406

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uY ?•?W -;T ?QC
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
Wlliiam W. Cobey, Jr., Secretary
August 17, 1990
Mr. Charles Fullwood
N.C. Wildlife Resources Commission
512 N. Salisbury Street
Raleigh, North Carolina 27611
Dear Mr. Fullwood:
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Waterfowl Sanctuary
N.C. Wildlife Resources Commission
Kelly's Mill Pond
Lenoir County
Attached hereto are two (2) copies of Certification No. 2503
issued to the N.C. Wildlife Resources Commission dated August 17,
1990.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
George T. Everett
//?-- Director
Attachments
cc: Wi ington District Corps of Engineers
W hington Regional office
r. William Mills
Mr. John Parker
Podutlon Prevendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
NORTH CAROLINA
Lenoir County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to the N.C. Wildlife Resources Commission pursuant to an
application filed on the 8th day of June, 1990 to establish a
public use waterfowl sanctuary near Kinston.
The Application provides adequate assurance that the
discharge of fill material into the waters and wetlands of
Southwest Creek, Kelly's Mill Pond in conjunction with the
proposed waterfowl sanctuary in Lenoir County will not result in
a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate Sections 301, 302, 303, 306, 307
of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above condition is made a condition of the Federal Permit.
This the 17th day of August, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
George T. Everett, Director
WQC# 2503
DIVISION OF ENVIRONMENTAL MANAGEMENT
? U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT NAME: /Ve 6 G?--C,o?y ?: ,-? -
COUNTY: PROJECT #:
STREAM OR ADJACENT WATER BODY: ' /)-Z" _ LASS: -ScJ
BASIN: -zy-c- 14 Y (Y OR N)
'404' PUBLIC NOTICE:
NATIONWIDE PERMIT: (Y OR N) #
PROJECT DESCRIPTION:. ASSIGNED TO: ill f+--:::,
DATE APP. REC'D.: VD 9 (YY/MM/DD)
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION:
FINAL REPORT: D (YY/MM/DD) (ISSUE/DENY/.0 HER)
WATER QUALITY C T. (401)
CERT. REQ'D: (Y OR N) ,?/
IF YES: G NERAL CERT: /V (Y OR N)
TYPE GEN: INDIVIDUAL CERT :
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED
Ufa -
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DH(Z , COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
1213??A
REA OF FILL: WATER: WETLAND:
WATER/WETLAND FILL (k'?.9,7t.7
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N) DREDGING c\j oN% j
DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
IS RESOURCE? (Y OR N) IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
SEQUENCING
IS SEQUENCING REQUIRED? ' (Y OR N)
PRACTICABLE ALTERNATIVE? /?/(Y OR N)
MINIMIZATION OF IMPACTS?:\T:(Y OR N)
MITIGATION PROPOSED? (Y OR Ny'&
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: WaRO - Mills - Central Files - COE

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-054-0342 June 7, 1990
PUBLIC NOTICE
THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION, 512 North Salisbury
Street, Raleigh, North Carolina 27611, has applied for a Department of the
Army (DOA) permit TO PLACE FILL MATERIAL IN THE WATERS/WETLANDS OF SOUTHWEST
CREEK, KELLY'S MILL POND, TO REPAIR AN EARTHEN DAM, SPILLWAY, MILLRACE GATE
AND OTHER APPURTENANCES TO ESTABLISH A PUBLIC USE WATERFOWL SANCTUARY, EAST
OF KINSTON, Lenoir County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 2,770 cubic yards of
fill material to construct a 324-foot-long, 45-foot-wide earthen dam with
spillway, millrace gates and other appurtenances. The purpose of the work is
to establish an approximate 315-acre public use waterfowl sanctuary.
Acquisition of the area and the work necessary for habitat maintenance is to
be a joint venture between the North Carolina Wildlife Resources Commission
(NCWRC) and North Carolina Ducks, Unlimited. Plans showing the work are
included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DOA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DOA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register

-2-
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.

-3-
Generally, the decision whether to issue this DOA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DOA permit
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, NCDEM,
Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of
reproduction costs.
The NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after June 29, 1990.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the NCDEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before June 25,
1990, Attention: Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Norm Sanders, until 4:15 p.m.,
July 9, 1990, or telephone [phone].

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TOP OF EXISTING DAM
EL.40.50 ft. MSL
NORMAL POOL
EL. 35.50 FT.
INTERMEDIATE DRAW
INLET ADJUSTABLE
TO MAINTAIN 35.50
NORMAL POOL
EL. 30.00 FT
IMPOUNDMENT DRAIN
WATER CONTROL GATE OPERATORS
PRIMARY SPILLWAY 50 YR.
STORM INLET
37.50 ft.MSL
RCP SIZED TO 50 YR.
STORM FLOW
INVERT ELAVATION
26.00 ft. MSL
PROPOSED KELLY'S MILL POND
TOWER DROP WATER CONTROL STRUCTURE

, 6
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
July 23, 1990
MEMORANDUM
TO:
FROM:
SUBJECT:
George T. Everett, Ph.D.
Director
John Parker
Bill Mills OV
Application for Corps of Engineer's Permit
N. C. Wildlife Resources Commission, Waterfowl
Impoundment, Public Notice #0342
Lenoir County
The Subject application has been reviewed for water quality
impacts and the following comments are offered:
a) The applicant has been contacted concerning certain
information that should be addressed prior to any final action on
the Water Quality Certification for this project. A copy of our
letter to the WRC is attached.
cc: Jim Mulligan
Poiludon Prewndon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
e ST
State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor
William W Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
no,
SUBJECT: U. S. Army Corps of Engineers
Public Notice or Nationwide Permit
Project It 90 - //
County
Dear 2.61 ?
Lorraine G. Shinn
Regional Manager
The subject public notice or request for a Water Quality 401 Certification for
a Nationwide Permit was received by this office on
The Division of Environmental Management, Water Qua ity Section, is one of
several State agencies that provides continents and recommendations to the U.S.
Army Corps of Engineers District Office in Wilmington NC. It is the Regional
Office of the Division of Environmental Management's responsibility to review
these projects and make recommendations to the Division's Central Office in
Raleigh as to the issuance of the Water Quality 401 Certification. This
evaluation is conducted in order to identify potential impacts on water
quality.
If you have any questions, or
contact this office at 919/946-6481.
cc: Bill Mills
Dr. Wayne Wright
need additional assistance, please
Sincerely,
a?
Q
Deborah Sawyer
Environmental Technician
P.O. Box 1507, Washington, Forth Carolina 27859-1507 Telephone [phone]
An Equal Opportunih• Affirmative ,-fiction Employer
The following information is needed in order to complete our evaluation of the
c,ihiort nrpiprt!
DIVISION OF ENVIRONMENTAL MANAGEMENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT NAME: PSI
COUNTY: PROJECT li
STREAM OR ADJACENT WATER BODY: _-- SzLASS:
BASIN: (?r??
'404' PUBLIC NOTICE: (Y OR N)
NATIONWIDE PERMIT: (Y OR N) #
00 f
PROJECT DESCRIPTION:
ASSIGNED TO: 4--) _
DATE APP. REC'D.: Inn 6 a :j (YY/MM/DD)
INITIAL REPORT: !j p p 7 0 (YY/MM/DD)
FINAL REPORT: (YY/MM/DD)
RECOMMENDATION:-
(ISSUE/DENY
WATER QUALITY CERT. (401)
CERT. REQ'D: \ (Y OR N)
IF YES: NERAL CERT: (Y OR N)
TYPE GEN: INDIVIDUAL CERT:
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND :
IS FILL ELIMINATING A SIGNIFICANT USE? /-/ (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
SEQUENCING
IS SEQUENCING REQUIRED? (Y OR N)
7?
(Y OR N)
PRACTICABLE ALTERNATIVE?
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? (Y OR N)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: WaRO - Mill's - Central Files - COE
i
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C090-N-054-0342 June 7, 1990
PUBLIC NOTICE
THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION, 512 North Salisbury
Street, Raleigh, North Carolina 27611, has applied for a Department of the
Army (DOA) permit TO PLACE FILL MATERIAL IN THE WATERS/WETLANDS OF SOUTHWEST
CREEK, KELLY'S MILL POND, TO REPAIR AN EARTHEN DAM, SPILLWAY, MILLRACE GATE
AND OTHER APPURTENANCES TO ESTABLISH A PUBLIC USE WATERFOWL SANCTUARY, EAST
OF KINSTON, Lenoir County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 2,770 cubic yards of
fill material to construct a 324-foot-long, 45-foot-wide earthen dam with
spillway, millrace gates and other appurtenances. The purpose of the work is
to establish an approximate 315-acre public use waterfowl sanctuary.
Acquisition of the area and the work necessary for habitat maintenance is to
be a joint venture between the North Carolina Wildlife Resources Commission
(NCWRC) and North Carolina Ducks, Unlimited. Plans showing the work are
included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DOA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DOA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
f
-2-
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
?.
I
-3-
Generally, the decision whether to issue this DOA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DOA permit
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, NCDEM,
Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of
reproduction costs.
The NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after June 29, 1990.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the NCDEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before June 25,
1990, Attention: Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
-be received in this office, Attention: Mr. Norm Sanders, until 4:15 p.m.,
July 9, 1990, or telephone [phone].
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TOP OF EXISTING DAM
EL.40.50 ft. MSL
NORMAL POOL
EL. 35.50 FT.
INTERMEDIATE DRAW ORMAL
INLET ADJUSTABLE
TO MAINTAIN 35.50 F
NORMAL POOL
EL. 30.00 FT
IMPOUNDMENT DRAIN
WATER CONTROL GATE OPERATORS
PRIMARY SPILLWAY 50 YR.
STORM INLET
37.50 ft.MSL
RCP SIZED TO 50 YR.
STORM FLOW
INVERT ELAVATION
26.00 ft. MSL
PROPOSED KELLY'S MILL POND
TOWER DROP WATER CONTROL STRUCTURE

OM APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carollna Department of the Army
(GS 146.121 Department of Natural Resources and Community Development Corps of Engineers, Wilmington 0istnc
(GS 113-229, 143-215.3(al(1). 143.215.3(c), 113A-118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is trot applicable, so indicate by placing N/A in blank,
I, Applicant Information N.C. Wildlife Resources Commission
A. Name N.C. Dept of Environment, Health, and Natural Resources
Last First Middle
S. Address 512 North Salisbury Street
Street, P. O. Box or Route
Raleigh N.C. 27611 919-733-3391
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Lenoir
B. 1. City, town, community or landmark Kinston, N.C.
2. Is proposed work within city limits? Yes No X
C. Creel., river, sound or bay upon which project is located or nearest named body of water to project
Southwest Creek
III. Description of Project
A. Maintenance of existing project XX 2. New work
B. Purpose of excavation or till
I At gas channel Ivngth width depth
2. 134)at basin length width depth
3. Fill drea length 37 width 45 depth 11 9
4 Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construo.tton (material)
U Excavated material (total for protect)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MHW (sec also VI. A)
1 Cubic yards 2,769.68 2. Type of material Homogenous Fart-h Fi 1 1
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes No
B. Dues the dispotwl area include any marshland, swamps or other wetland? Yes XX No
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
U. Fill material source if till is to be trucked in Homogenous Earth Fill
E. How will excavated material be entrapped and erosion controlled?
1 I vpc fil equipment to be used
G. Will marshland be crossed in transporting equipment to protect site? If yes, explain No
D&F•gl
V. Intended Use of Project Area (Describe
. A. 1. Private -
2. Commercial
3. Housing Development or Industrial
4. Other Public Use Waterfowl Sanctuary
B. I. Lot size(s) N/A
2. Elevation of lot (s) above mean high water N/A
3. Soil type and texture N/A
4. Type of building facilities or structures N/A
N/A
5. Sewage disposal and/or waste water treatment A. Existing M I A Planned
B. Describe N/A
6. Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synoosi,
VI. Pertaining to Fill and Water Quality-
A. Does the proposed project involve the placement of fill materials below mean high watery Yes XX No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes XX No
2. Type of discharge spillway
3. Location of discharge CTR Existing Dam
VII. Present me of shoreline erosion (if known):
V111. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State Permits for T
work in project area, if applicable: N/A
IX. Length of time required to complete project: 3 months
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed orother instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by regtstereo or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Xl. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity , -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consi..!-nt with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli.
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land c arin?gl1.
DATE _I L74
'JD C
Applicant's Signature
OAF A2
R9v. I0/7e SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
KELLY'S MILL POND - LENOIR COUN'T'Y, N.C.
ENVIRONMENTAL ASSESSMENT
CO - OPERATING AGENCIES
UNITED STATES ARMY CORPS OF ENGINEERS
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH AND NATURAL RESOURCES
WILDLIFE RESOURCES COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
DIVISION OF LAND QUALITY
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
NORTH CAROLINA DUCKS UNLIMITED M.A.R.S.H.
LENOIR COUNTY HISTORICAL SOCIETY
MOORMAN & KISER ENGINEERING
TABLE OF CONTENTS
I. INTRODUCTION
II. NEED FOR PROPOSED PROJECT
III. EXISTING ENVIRONMENT
IV. ENVIRONMENTAL IMPACTS / MITIGATING MEASURES
V. SUMMARY
VI. APPENDICES
I. INTRODUCTION
The followina environmental assessment is prepared in conjunction with a
permit application to both the U. S. Army Corps of Engineers, and the
N.C. Department of Environment. Health, and Natural Resources, Division
of Land Quality. Guidelines for the preparation of this document are
contained within the State Environmental Policy Act section 0.100.
Permit requirements are stated and administered under CFR 401 of the
Federal Reaister as they pertain to wetlands.
Kelly's Mill Pond is located in Lenoir County. North Carolina 2.5 miles
( 4.02 km ) east of Kinston. North Carolina. Further described as being
375 ft. ( 114.33 m ) southwest of the U. S. Hiahwav 70 bridge over
Southwest Creek.
Permits are reauired as stated above to replace two (2) existing water
control structures. One being replaced with an homogenous earth dam
approximately 50 ft. ( 15.24 m ) in length. Secondly replacing one of
the existina millrace oates with a concrete structure.
Within this assessment discussion will take place in section II. as to
the need for the construction of new water control structures. Section
III. will state the existina environment. Within sections IV. and V.
alternatives and the associated environmental impacts including
mitigating measures will be stated and supported. A summary of this
assessment is contained in section VI.. Technical data including plans
and specifications are listed in section VII.
II. NEED FOR THE PROPOSED ACTIVITY
Kelly's Mill Pond and associated cypress swamp has been held by the Kina
Family since 1735. At one time or another both a orist mill and saw mill
has operated at this site. The existing grist mill structure is over 200
years old, and has played an important role in the heritage of not only
Lenoir County but the region as well.
Throughout this period as well as before a unique ecosystem evolved that
includes habitats for wildlife, aquatic species, waterfowl, and the many
species of plant life that support such a system. Although used to
facilitate the overall development of the reaion this ecosystem is
relatively still intact.
Faced with growing developmental pressures the King family has agreed to
allow the 315 acres to be acquired by the State of North Carolina to be
preserved as Wildlife / Waterfowl Habitat. Acquisition and replacement
of the water control structures, necessary for habitat maintenance. is
to be a joint venture between the N. C. Wildlife Resources Commission
and N.C. Ducks Unlimited Matchinq_ Aid to Restore State Habitat
(M.A.R.S.H.). Three projects of this nature have already been
successfully completed throuahout the state, (Makav Island, Conine
Island, and Huntino Creek Swamp).
Therefore this project is needed to preserve a unique
natural heritage area, that is also a historical treasure.
preserving it not only for this generation but for
generations to come, thereby enhancing the quality of life
for all forms.
III. EXISTING ENVIRONMENT
Located within the Coastal Plain physiographic region
of North Carolina, specifically in Lenoir County, North
Carolina 2.5 miles (4.02km) east of the town of Kinston. The
impoundment and associated wetlands lie 35deg.13' 53" north
latitude, 77deg. 33' 05" west longitude. The earthen dam
across Southwest Creek is 3.22 miles (5.18m) upstream from
the creeks confluence with the Neuse River.
The topography of the watershed area is best described
as relatively flat ranging in elevation from 79.00 ft. (24m)
MSL. to 26.00 ft (7.92m) over 54.3 sq. miles. Estimated
normal pool elevation of existing dam is 35.5 ft. (10.82m),
with top of dam elevation is 40.50 ft. (12.34m).
Classification of the existing dam by the North Carolina
Department of Environment, Health and Natural Resources,
Land Quality Division is class B intermediate hazard.
Southwest Creek including Kelly's Mill Pond carries a C Sw
NSW water quality classification. Waters of this type are
described as swamp waters of low velocity flows suitable for
wildlife, fish propagation, secondary recreation, and are
susceptible eutrophication from levels of nutrients above
the assimilative capacity of volume flows.
Geologically the area formed approximately 100.5
million years ago during the Cretaceous period. A major
geologic feature for reference is the Surry Scarp. Surface
formations consist of sand and clayey sand, greenish gray to
olive black in color. These soils are underlain by
glaucontonic formations both fossiliferous and calcereous
associated with Pee Dee formations.
Botanical species associated with eastern North
Carolina cypress swamps occur in abundance over the
watershed area. Dominant among these are Cypress, Tupelo
Gum, willow oak, and Chestnut Oaks. Understory development
includes Willows, Cottonwoods, and Red Maple.
Furbearing animals prevalent in this wetland area are
Otter, Beaver, Muskrat, and Mink. Associated upland species
in include Gray Fox, Gray Squirrel, Cottontail and Swamp
Rabbits, and Whitetail Deer.
Waterfowl includes resident populations of Wood Ducks
and Canada Geese. Migratory waterfowl that use this
wetland include Black Ducks, Blue and Green Wing Teal,
Widgeons, Pintail, and Ringneck Ducks. Two species of
particular interest are Great Blue Herons and White Egrets.
Fish known to have inhabited the creeks and swamps
include Catfish, Largemouth Bass, Bluegill, and Herring.
With the restoration of the surface impoundment to constant
pool elevations all the above mentioned species should
return to levels that facilitate sport fishing.
IV. ENVIRONMENTAL IMPACTS / MITIGATING MEASURES
Impacts to the existing natural environment of the
described area will be positive in nature. Once the water
control structures are retrofitted into working manageable
conditions or replaced with new structures, the entire 243
acres of cypress swamp habitat created, will become a
waterfowl/wildlife refuge managed by the N. C. Wildlife
Resources Commission.
Specifically these positive impacts are
* Re-creation and preservation of an endangered
ecoystem
* Nesting sites for at least two species of waterfowl
currently under habitat loss pressure, resident wood
ducks, and Canada geese.
* Restoring fish populations and diminishing the
possible loss due to eutrophication
* Insuring a measure of"safety downstream from flooding
Impacts to the socioeconomic should also be positive in
nature.
Some areas of impact are:
* Preservation of a cultural and historical place in
the history of not only Lenoir County but also to
eastern North Carolina.
* This area also presents the opportunity to establish
an earth science living classroom for education.
* Increased visitation could produce a small amount of
revenue increase to the surrounding area.
Impacts of a negative nature will be limited to the
construction phase of this project. These impacts concerning
erosion and sedimentation can be controlled and will have no
long lasting effect. Dam modifications will require 0.33 acre of earthen fill.
To mitigate concerns of possible environmental impacts
it should be noted that all phases of this project will be
inspected and by not only regulatory agencies such as The U.
S. Army Corps of Engineers, and the N. C. Division of
Environmental Management, but also fisheries and wildlife
biologists,both state and private.
Detailed plans and specifications will be prepared and
reviewed by appropriate agencies before construction begins.
Plans for the water control structures have been designed so-
as to provide maximum benefits to fish and waterfowl.
V. SUMMARY
This assessment is a brief explanation of Kelly's Mill
Pond project. As discussed in section II the need to
preserve and restore wetlands from development is critical.
It is estimated that as much as 450,000 acres of wetlands
are destroyed each year. In preserving Kelly's Mill Pond we
may take a small step in reversing this trend.
Kelly' Mill Pond is a unique opportunity to for
government and private sectors to work together to benefit
man and nature for generations to come.
More information may be obtained by contacting the
North Carolina Wildlife Resources Commission attention Tom
Mons chein.
N100RMAN, 8c KIZER, INC.
1711117LL%A, -It 'la II/ILS-s a,id ZuiVL IiC SS
1 15 BHOADFOOT AVENUE - rOST OFFICE POX 53774
FAVEiIEVILI.E, Nonlll CAROLINA 28305
IFL-MIONE (919) 4©45191
November 29, 1989
Mr. Rufus R. Kimrey
2611 14. VP rnon Avenue
Kinston, North Carolina 28501
re: Kelly's Mill Pond - Southwest Creel,
King Property
Preliminary Engineering Report
Dear Rufus:
We have completed enough field and office work to make a preliminary engineering
study and cost estimate for modifying and repairing the dam at Kelly's Mill Pond on
Southwest: Creek just east of Kinston. In this report I will give you the basis of
the report and conclusions reached.
General
After making a visual inspection of the existing structures at the old
)Hill and the sawmill, we recommend that both structures be abandoned. The
S(Wflill structure will be removed entirely. The old mill and structure will
be left as is, and a new dam will be constructed immediately south of the
existing structure. The new section of dam will stop any water from flowing
tf-Irough the old mill and will provide vehicular access to the east end of
the existing darn. It is my understanding that this concept was approved
by the King family.
llie plan is to construct a new crested spillway, just east of the sawmill,
i rt ,;i =s the primary structure to pass a 25 year storm. Inc i uded,
also, is a tower drop structure containing gates and discharging into a tube
through the dam, both with the capacity to pass the average stream flow when
iL becomes necessary to drain the lake. To satisfy the requirements of a
Class "Q" intermediate hazard category darn to pass a 100 year storm flow,
we provided a grassed emergency overflow spillway on the west end, expanding
the existing overflow spillway.
Moorman R Kizer, Inc. made field surveys to determine the quantity of
earth needed in the new section of darn, to check top of dam and normal water
level elevations, to pleasure the bottom elevation for draining the lake,
arld to check dam width and slopes. There were no soil borings made to
accurately measure the depth of a core to an impervious layer of soil; however,
we made an attempt to probe the depth.
Mr. Rufus R. Y,inn•ey
Novemher 29, 1989
Page 2.
In making this study, we did not make an in depth detailed analysis
of the watershed and resulting runoff. We did check the waterway opening
of the Highway 70 bridges, we checked the total area of the watershed, we
contacted the U.S. Army Corps of Engineers in Wilmington to obtain their
information on the anticipated stream f low, we c ompared our field data with
that of the Soil Conservation Service and the Corps of Engineers, and we
consulted the' Water Quality Sec tion of North Car olina Department of Natural
Resources and Community Develo pment to obtain average and minimum stream
flows.
Technical Information (All elevations on MSL)
Area of watershed 56.7 square miles
Top of darn, existing and proposed 40.5 feet
Normal water level, existing 37.5 feet
Top of concrete slab at discharge 26.0 feet
Design storm 100 years
Considerations
Our first approach was to maintain the original normal water level of
37.5 feet and top of dam at 40.5 feet. This provides a three foot freeboard
only. In designing a spillway for this narrow head range, we computed a
primary structure with a width of approximately 300 feet and an emergency
spillway width of 170 feet. This concept would requi re gates with electric
hoists and standby power.
In order to reduce the cost and to insure performance of this facility,
we have lowered the crest of the spillway to elevation 35.5 feet (2 feet
below the original water level) which allowed a spillway width of approximately
180 feet. In the absence of any elevations or topo around the perimeter
of the pond, we are unable to estimate the reduction this will cause in the
original pond area of 243 acres.
f'n??rl??!:innS ;trill Rnrnmmor,?l?ti?n
Considering the large size of the watershed and the relatively small
pond storage volume, it seems that the only reasonable, logical decision
is to lower the water level 2.0 feet to elevation 35.5 feet.
Our estimated cost for this recommendation is:
Clearing, grubbing, grading $ 56,000
Overflow structure, gates, tube,
headwall and rip-rap 41,000
Principal spillway, emergency
spillway 296,000
Total estimated construction cost $393,000
Mr. Rufus R. Kimrey
Povpmber 29, 1989
Page 3.
A very detailed analysis of the
computations. Based on the knowledge
we believe our figures to be close.
watershed could change some of our
of this facility and watershed above,
We will attempt to answer any questions regarding the basis of our recommendations.
Please call me if we can be of assistance.
Yours truly,
MOORMAN & KIZER, INC.
Walter C. Moorman, PE
WCM:boa

SUPERIOR LAND AND TIMBER CORPORATION
POST OFFICE BOX 1279
NEW BERN, N. C
PHONE [phone]
February 20, 1990
Tom Monschein
Waterfowl Specialist
N.C. Wildlife Resource Commission
1005 Plymouth Drive
New Bern, NC 28560
Dear Tom:
Please note the enclosed information that you requested showing
proof of ownership and permission to apply for permits on behalf of the
Kelly's Millpond property near Kinston.
The enclosed papers should satisfy your needs. First is the letter
from the owners giving permission to apply for the necessary permits.
Secondly is the will and deed showing where Arthur King inherited
one-third of the property and bought the other two-thirds from his brother
and sister.
If you need any other information, please let me know.
Sincerely,
RRK:crw
Rufus R. Kimrey
Superior Land & Timber Corporation
Enclosures
O -uW ., 1714

U", lie wnocs of K11 15 A Mpund , oForty; located east of
Muccun, N.C. on U.S. HiL;i:" '_; 70 , hereby gr•_'ll: oerm.ssi.un to the St;:(!
WE .loM Cara gyn., 'N.C . Wi! , L -.`.e FeSOUIC S : ;Ian:i...1on) to allpil ,
the _ S. Army Corps ,1r i.11"_ keers Pr any aW &L permits nevPE APr y i i
_-d:.r lU :..:mpLat'2 ne .,?1)'- 1 and .:p!a E: LLCri-_ ut: M *aces zuctrui
Scruan"Cus on this OCO-OCL--
l
LAKESIDE MILLS, INC.
ROUTE 1, BOX 38
SEVEN SPRINGS, NC 28578
919-569-0111

North Carolina Wildlife Resources Commission
51' N. Salishurv Street, Raleigh, North (:arolina 27611, 919-733-3301
Charles R. Fullwood, Exectitive Director
May 23, 1990
Mr. Hugh Heine
Department of the Army
Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Mr. Heine:
The North Carolina Wildlife Resources Commission and North
Carolina Ducks Unlimited are considering a cooperative project to
acquire and enhance property known as Kelly's Mill Pond. The
project area is located in Lenoir County approximately 3 miles
east of Kinston just south of Highway 70 on Southeast Creek (see
attached location maps). If acquired, the property would be
owned and managed by the North Carolina Wildlife Resources
Commission. Hunting may be prohibited, but fishing and other
compatible public recreational uses would be permitted.
The primary objective of this project would be to enhance
water control capabilities in order to provide improved habitat
for both waterfowl and fish. To accomplish this objective it
will be necessary to modify the existing dam and install a new
water control structure (permit application, engineer's report,
environmental assessment, and diagrams are attached). The
specifications for the water control structure are designed to
meet requirements of an "Intermediate Hazard" dam classification
so declared by the North Carolina Department of Land Quality and
Dam Safety. The current landowner, Mr. Arthur King, has
authorized the North Carolina Wildlife Resources Commission to
submit this proposal (landowner statement and copy of deed
attached).
Whether the North Carolina Wildlife Resources Commission and
North Carolina Ducks Unlimited pursue the purchase and
enhancement of this tract is contingent upon the issuance of a
permit to accomplish the proposed alterations to the dam and
construction of a new control structure. The actual purchase and
proposed enhancement will depend upon the availability of
Mr. Hugh Heine
Page 2
May 23, 1990
funding. Therefore, the project may take up to three years or
more to complete. In view of this, we are requesting that if
approved, the permit be valid for a period of five years to
accomplish acquisition and development.
Please contact Mr. Tom Monschein, our Waterfowl Habitat
Biologist, at 919-637-6920 if you have any questions concerning
this proposal.
Sincerely,
6,1a4l,el e
Charles R. Fullwood
Executive Director
CRF/lw
Attachments
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TOP OF EXISTING DAM
EL.40.50 ft. MSL
NORMAL POOL
EL. 35.50 FT.
INTERMEDIATE DRAW ORMAL
INLET ADJUSTABLE
TO MAINTAIN 35.50 F
NORMAL POOL
EL. 30.00 FT
IMPOUNDMENT DRAIN
WATER CONTROL GATE OPERATORS
PRIMARY SPILLWAY 50 YR.
STORM INLET
37.50 ft.MSL
RCP SIZED TO 50 YR.
STORM FLOW
INVERT ELAVATION
26.00 ft. MSL
PROPOSED KELLY'S MILL POND
TOWER DROP WATER CONTROL STRUCTURE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 5, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C090-N-054-0342
Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 l
CA
Raleigh, North Carolina 27611-7687 Dear Mr. Mills:
Enclosed is the application of the North Carolina Wildlife Resources
Commission, for Department of the Army authorization and a State Water Quality
Certification to place fill material in the waters/wetlands of Southwest
Creek, Kelly's Mill Pond, to repair an earthen dam, spillway, millrace gate
and other appurtenances to establish a public use waterfowl sanctuary, east of
Kinston, Lenoir County, North Carolina. Your receipt of this letter verifies
your acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by August 3, 1990, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Norm Sanders, telephone
[phone].
Sincerely,
G. ne Wri t
hie , Regulatory Branch
c.r
Enclosure
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687